CLAT 2011 Question 184

Instructions

This section consists o( ten problems (with 45 questions) in total. Each problem consists of a set of rules and facts. Apply the specified rules to the set of facts and answer the questions. In answering the following questions, you should not rely on any rule(s) except the rule(s) that are supplied for every problem. Further, you should not assume any fact other than those stated in the problem. The aim is to test your ability to properly apply a rule to a given set of facts, even when the result is absurd or unacceptable for any other reason. It is not the aim to test any knowledge of law you may already possess.

Question 184

Rules:
A. A person is an employee of another it I the mode and the manner in which he or she carries out his work in subject to control and supervision of the latter.

B. An employer is required to provide compensation to his or her employees for any injury caused by an accident arising in the course of employment- The words 'in the course of the employment' mean in the course of the work which the employee is contracted to do and which is incidental to it.

Facts: Messrs Zafar Abidi and Co. (Company) manufactures bidis with the help of persons known as 'pat radars'. The pattadars are supplied tobacco and leaves by the Company and are required to roll them into bidis and bring the bidis back to the Company. The pattadars are tree to roll the bidis either in the factor}' or anywhere else they prefer. They are not bound to attend the factor)' for any fixed hours of work or for any fixed number of days. Neither are they required to roil up any fixed number of bidis. The Company verifies whether the bidis adhere to the specified instructions or not and pays the pattadars on the basis of the number of bidis that are found to be of right quality. Aashish Mathew is one of the pattadars of the Company. I le was hit by a car just outside the precinct of the factory while he was heading to have lunch in a nearby food-stall. Aashish Mathew has applied for compensation from the Company.

According to the facts and the rules specified, which of the following propositions is correct?



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